Brief summary
- The English translation of the Korean Patent Act (특허법) is read on the English screen of the Korean Law Information Center (국가법령정보센터) of the Ministry of Government Legislation (법제처) and on the English statutes website of the Korea Legislation Research Institute (한국법제연구원). The newest English text at both places is the version of Act No. 20322 (in force from 21 August 2024).
- The Patent Act in force as of 9 October 2026 is Act No. 21134 (in force from 11 November 2025). There have been four amendments since the English text, and the English text does not contain them.
- The Korea Legislation Research Institute and the Ministry of Intellectual Property (MOIP, 지식재산처) state that the English translation is for reference and is not official. Article numbers are the same in Korean and in English, so an article read in English is checked again against the same article of the current Korean text.
This article is based on the pages of each institution as opened on 9 October 2026 and on the Patent Act in force from 11 November 2025.
Last verified
English texts at a glance
The table below shows what was checked on 9 October 2026. [4][5][6][7]
| Where to read | Version of the English Patent Act | What to note |
|---|---|---|
| English screen of the Korean Law Information Center of the Ministry of Government Legislation (www.law.go.kr/LSW/eng/engMain.do) | Act No. 20322, promulgated on 20 February 2024, in force from 21 August 2024 | Search for PATENT ACT under Law Title |
| English statutes of the Korea Legislation Research Institute (elaw.klri.re.kr) | Act No. 20322 is the newest version with English articles | History Records lists the four later versions, but none of the pages of the four versions had English articles |
| Industrial Property Laws on the MOIP English website | Links to the version of Act No. 18505 (promulgated on 19 October 2021) | The page is marked “Last updated 20 April 2023” |
| Patents & Utility Models > Laws & Regulations on the MOIP English website | Links to the version of Act No. 14691 (promulgated on 21 March 2017) | The page is marked “Last updated 28 January 2021” |
| WIPO Lex | The English text is the version of Act No. 19007 (promulgated on 18 October 2022) | The Korean text posted is the version of Act No. 21134 |
| Current Korean text (www.law.go.kr) | Act No. 21134, in force from 11 November 2025 | This is where an article read in English is checked again |
The English text is read at the Ministry of Government Legislation and the Korea Legislation Research Institute
The Korean Law Information Center of the Ministry of Government Legislation has an English screen (Korean Law Information Center). The search on the English main screen asks the user to choose either Law Title or Law Content and enter a word. [4] The English text of the Patent Act posted by the Ministry of Government Legislation is named PATENT ACT, and it is the version of Act No. 20322. Act No. 20322 was promulgated on 20 February 2024 and entered into force on 21 August 2024. [4]
The English statutes website of the Korea Legislation Research Institute also has PATENT ACT. History Records on this website lists 66 rows of versions of the Patent Act. [5] The newest version with English articles is Act No. 20322. The four rows above it are Act No. 20700, No. 20975, No. 21065 and No. 21134. The pages of all four versions were opened on 9 October 2026. All four pages had only a list of the amendment history and no English articles. [5]
The two menus on the MOIP English website that point to the English text of the Patent Act do not carry the text themselves. They link to pages of the Korea Legislation Research Institute. The linked version differs by menu. Industrial Property Laws under Resources links to the version of Act No. 18505, and Laws & Regulations under Patents & Utility Models links to the version of Act No. 14691. [5][6] A reader who arrives from the MOIP English website changes the version in History Records on the page of the Korea Legislation Research Institute.
WIPO Lex carries the Patent Act of the Republic of Korea as the version of Act No. 21134. The text of that version, however, is in Korean. For English, the 2022 version (Act No. 19007, promulgated on 18 October 2022) is provided for reference, with a note that the current text in this language is unavailable. [7]
The English translation is for reference
The page of the Korea Legislation Research Institute states that the English translation is for reference, is not official, and has no legal effect. [5] The two menus on the MOIP English website state that the English translation has no official authority. They also state that the Korean version applies if the interpretation of the Korean and English versions differs, and that the version posted may not be the newest because translation takes time. [6] No notice on the effect of the translation was found on the English main screen of the Ministry of Government Legislation. [4]
The English text is therefore used to find an article and to grasp its meaning, and a text that is cited as a basis is checked in the current Korean text. Article numbers are the same in Korean and in English. “제42조의3” in Korean is “Article 42-3” in English. [1][4]
Articles amended after the English text (Act No. 20322)
Four amendments entered into force after the English text. The result of comparing all articles of the Patent Act in force as of 9 October 2026 with those of the version of Act No. 20322 is as follows. [1][2]
| Amendment | Enforcement date | Articles amended | Content |
|---|---|---|---|
| Act No. 20975 | 27 May 2025 (the date of promulgation) | Art. 126-2 | In the title and the text, “구체적 행위태양” (specific type of behavior) was changed to “구체적 행위의 내용·방식·형태” (specific content, manner and form of the acts) |
| Act No. 20700 | 22 July 2025 (promulgated on 21 January 2025) | Art. 2, Art. 127, Art. 181 | “Exporting” was added to working (practice), to the acts deemed infringement, and to other provisions |
| Act No. 20700 | 22 July 2025 | Art. 89, Art. 90, Art. 91, Art. 93, Art. 134 | The articles on patent term extension for approval, etc. (extension of patent terms by permission) were amended |
| Act No. 20700 | 22 July 2025 | Art. 229-3 (newly inserted), Art. 230 | The offense of violating an order prohibiting the filing of a patent application in a foreign country or an order to keep an invention confidential was newly inserted, and this offense was added to the joint penalty provisions (Art. 230) |
| Act No. 21065 (Government Organization Act (정부조직법)) | 1 October 2025 (the date of promulgation) | The articles that name the agency or the ordinance, and Art. 217(1), subparagraph 4 | “특허청장” (Commissioner of the Korean Intellectual Property Office) was changed to “지식재산처장” (Minister of Intellectual Property), “특허청” (Korean Intellectual Property Office) to “지식재산처” (Ministry of Intellectual Property), and “산업통상자원부령” (Ordinance of the Ministry of Trade, Industry and Energy) to “총리령” (Prime Ministerial Decree). In Art. 217(1), subparagraph 4, “외국 특허청” (foreign intellectual property office) was changed to “외국 특허담당 정부기관” (foreign patent authority) |
| Act No. 21134 (Act on the Designation of Workers’ Day (노동절 제정에 관한 법률)) | 11 November 2025 (the date of promulgation) | Art. 14, subparagraph 4 | “Workers’ Day (근로자의 날)” was changed to “Workers’ Day (노동절)” |
When reading the English text, three places in particular do not match the current Act.
The first is the definition of working (실시). The current Article 2, subparagraph 3 (a) includes exporting in the working of an invention of a product. Item (c) of the same subparagraph also includes exporting a product manufactured by the process. The two items of Article 2 of the English text do not have exporting. [1][4] The Addenda to Act No. 20700 have no applicability provision or transitional measure for the amendment that added exporting. [2] For details, see “Is exporting an infringing act in Korea?”.
The second is patent term extension for approval, etc. The proviso to the current Article 89(1) provides that the term cannot be extended beyond 14 years from the date on which the approval, etc. was obtained. The current Article 90(7) provides that, where there are two or more patent rights for one approval, etc., an application for registration of an extension of a patent is filed for only one of those patent rights. [1] Article 89 (1) of the English text does not have this proviso, and Article 90 ends at paragraph (6). [4] The two amended provisions apply beginning with applications for registration of an extension of a patent for patented inventions for which the approval, etc. is obtained on or after 22 July 2025 (Addenda to Act No. 20700, Art. 2). [2] For details, see “How does patent term extension work in Korea?”.
The third is the names of the agency and the subordinate statutes. The English text writes “Commissioner of the Korean Intellectual Property Office” and “Ordinance of the Ministry of Trade, Industry and Energy”. The current Korean text has “지식재산처장” (Minister of Intellectual Property) and “총리령” (Prime Ministerial Decree). [1][4]
There is also one amendment that has been promulgated but has not yet entered into force. Act No. 21955 was promulgated on 15 September 2026 and enters into force on 16 March 2027. The provisions it amends are Article 81-3 and Article 87(2), subparagraph 4. The amended provisions apply beginning with cases in which the period for late payment or the period for payment of under-paid patent fees expires on or after the date on which the Act enters into force (Addenda to Act No. 21955, Art. 2). [3] For details, see “What changes in the Korean Patent Act on 16 March 2027?”.
Structure of the Patent Act and frequently consulted articles
The Patent Act runs from Chapter I to Chapter XII, and Chapter VI-2 is between Chapter VI and Chapter VII. [1] In the table below, the Korean titles are those of the current text, and the English titles are those of the Ministry of Government Legislation English text (Act No. 20322). [1][4]
| Chapter | Article | Korean title | Title in the English text | Detailed article |
|---|---|---|---|---|
| Chapter I General Provisions | Art. 5 | 재외자의 특허관리인 | Patent Administrators for Overseas Residents | “Is a power of attorney required for a Korean patent application?“ |
| Chapter I General Provisions | Art. 14 | 기간의 계산 | Calculation of Periods | The section “Article 14 sets the end of a period” below in this article |
| Chapter I General Provisions | Art. 15 | 기간의 연장 등 | Extension of Periods | “How much do extensions of time cost at the Korean patent office?“ |
| Chapter II Requirements for Patent Registration and Patent Applications | Art. 29 | 특허요건 | Requirements for Patent Registration | “What is the inventive step standard under Article 29(2) of the Korean Patent Act?” |
| Chapter II | Art. 30 | 공지 등이 되지 아니한 발명으로 보는 경우 | Inventions Not Deemed to Be Publicly Known | “What is the grace period under the disclosure exception in Korea?” |
| Chapter II | Art. 36 | 선출원 | First-to-File Rule | “Is double patenting a problem for Korean divisional applications?” |
| Chapter II | Art. 42 | 특허출원 | Patent Applications | “What does Article 42 of the Korean Patent Act require of the description and claims?” |
| Chapter II | Art. 42-3 | 외국어특허출원 등 | Patent Applications in Foreign Language | “Can I file a patent application in English in Korea?“ |
| Chapter II | Art. 45 | 하나의 특허출원의 범위 | Scope of Single Patent Application | “How does unity of invention work in Korea?” |
| Chapter II | Art. 47 | 특허출원의 보정 | Amendments to Patent Applications | “When can claims be amended in Korea?“ |
| Chapter II | Art. 52 | 분할출원 | Divisional Patent Applications | “When can I file a divisional application in Korea?“ |
| Chapter II | Art. 52-2 | 분리출원 | Splitting-Off | “What is a separational application in Korea?” |
| Chapter II | Art. 54 | 조약에 의한 우선권 주장 | Priority Claims under Treaty | “How do I claim priority in Korea, and when must the priority document be filed?” |
| Chapter II | Art. 55 | 특허출원 등을 기초로 한 우선권 주장 | Priority Claims Based on Patent Applications | “What is domestic priority in Korea, and when is it useful?” |
| Chapter III Examinations | Art. 59 | 특허출원심사의 청구 | Requests for Examinations of Patent Applications | “When must examination be requested in Korea?“ |
| Chapter III | Art. 61 | 우선심사 | Accelerated Examinations | “How do I get accelerated examination in Korea?“ |
| Chapter III | Art. 63 | 거절이유통지 | Notice of Grounds for Rejection | “What types of office action does the Korean patent office issue?“ |
| Chapter III | Art. 64 | 출원공개 | Laying-Open of Applications | “How do I check the status of a Korean patent application?” |
| Chapter III | Art. 67-2 | 재심사의 청구 | Requests for Re-Examinations | “What is re-examination in Korea, and when should it be requested?” |
| Chapter IV Patent Fees and Patent Registration | Art. 79 | 특허료 | Patent Fees | “How much are Korean patent annual fees, and when are they due?“ |
| Chapter IV | Art. 81 | 특허료의 추가납부 등 | Late Payment of Patent Fees | “What happens if a Korean patent annual fee is paid late?“ |
| Chapter V Patent Rights | Art. 88 | 특허권의 존속기간 | Term of Patents | “How long does a Korean patent last?“ |
| Chapter V | Art. 89 | 허가등에 따른 특허권의 존속기간의 연장 | Extension of Patent Terms by Permission | “How does patent term extension work in Korea?” |
| Chapter V | Art. 92-2 | 등록지연에 따른 특허권의 존속기간의 연장 | Extension of Term of Patent Rights Following Delayed Registration | “How does patent term extension for delay in registration work in Korea?” |
| Chapter VI Protection of Patentees | Art. 127 | 침해로 보는 행위 | Acts Deemed Infringement | “Is exporting an infringing act in Korea?” |
| Chapter VI | Art. 128 | 손해배상청구권 등 | Claim for Compensation for Loss | “How are damages calculated in Korean patent cases?” |
| Chapter VI-2 Petition for Revoking Patents | Art. 132-2 | 특허취소신청 | Petitions for Revoking Patents | “What is a request for revocation of a granted patent in Korea, and what is its deadline?” |
| Chapter VII Trial | Art. 132-17 | 특허거절결정 등에 대한 심판 | Trial on Rulings Rejecting Patent Applications | “How do I appeal a decision of rejection in Korea?“ |
| Chapter VII | Art. 133 | 특허의 무효심판 | Trial on Invalidity of Patents | “How does a trial for invalidation work in Korea?“ |
| Chapter VII | Art. 135 | 권리범위 확인심판 | Trial to Confirm Scope of Rights | “What is a trial to confirm the scope of a right in Korea?” |
| Chapter VII | Art. 136 | 정정심판 | Trial for Corrections | “How can a granted Korean patent be corrected?” |
| Chapter IX Litigation | Art. 186 | 심결 등에 대한 소 | Legal Proceedings against Trial Rulings | “How are trial decisions appealed to the Intellectual Property High Court of Korea (Patent Court of Korea)?” |
| Chapter X International Applications under the Patent Cooperation Treaty | Art. 201 | 국제특허출원의 국어번역문 | Korean Translations of International Patent Applications | “What is the deadline for entering the Korean national phase?“ |
Article 29(2) is the provision on inventive step
Article 29(1) provides that an invention having industrial applicability is patentable, except the inventions in its subparagraphs. The subparagraphs cover inventions that, before the filing of the patent application, were publicly known or publicly practiced in Korea or abroad, and inventions that were described in a distributed publication or made available to the public through telecommunications lines. [1]
Article 29(2) provides that an invention is not patentable if a person skilled in the art (person with ordinary knowledge in the technical field of the invention) could easily make it on the basis of the inventions in the subparagraphs of paragraph (1). The time of judgment is before the filing of the patent application. [1] The Ministry of Government Legislation English text renders “쉽게 발명할 수 있으면” as “easily creatable”. [4] Article 29 was not amended between the version of the English text and the current text. [1][2]
For details, see “What is the inventive step standard under Article 29(2) of the Korean Patent Act?”. For Article 29(3) and (4), see “How does Korea’s enlarged concept of novelty apply to earlier-filed, later-published applications?”.
Article 42 is the provision on the description requirements for the specification
Article 42(2) requires that a written patent application be accompanied by a specification containing the description of the invention and the claims, the necessary drawings, and an abstract. [1]
Article 42(3) sets two requirements for the description of the invention. It must be written clearly and in detail so that a person skilled in the art can easily work the invention (subparagraph 1), and it must state the background art of the invention (subparagraph 2). [1]
Article 42(4) sets two requirements for a claim. It must be supported by the description of the invention (subparagraph 1), and the invention must be stated clearly and concisely (subparagraph 2). [1] Article 42(6) requires the claims to state matters such as the structures, methods, functions or materials, or the combinations of these, that are necessary to specify the invention. [1] Article 42(5) and (7) are deleted paragraphs. [1]
The method of stating the claims is left to Presidential Decree, and the method of stating the description of the invention, the drawings and the abstract is left to Prime Ministerial Decree (Art. 42(8) and (9)). [1] Article 42 (9) of the English text writes “Ordinance of the Ministry of Trade, Industry and Energy” in the place of Prime Ministerial Decree. This is the name before the amendment of 1 October 2025. [1][4]
For details, see “What does Article 42 of the Korean Patent Act require of the description and claims?”.
Article 14 sets the end of a period
Article 14 is the method of calculating the periods set by the Patent Act and by orders under it. The first day of a period is not counted. It is counted, however, if the period starts at midnight (subparagraph 1). [1] A period set in months or years is calculated according to the calendar (subparagraph 2). If the period does not start from the beginning of a month or year, it expires on the day before the day in the last month or year that corresponds to the start date. If the last month has no corresponding day, the period expires on the last day of that month (subparagraph 3). [1] If the last day of a period in a patent-related procedure is an official holiday, the period expires on the next day. Official holidays here include Workers’ Day (노동절) and Saturdays (subparagraph 4). [1]
The English text writes “Workers’ Day” at the same place. [4] The amendment of 11 November 2025 changed the name of this day and the name of the Act on which it is based. [1][2]
English texts of the Enforcement Decree, the Enforcement Rules and the Examination Guidelines
The English texts of the subordinate statutes posted by the Ministry of Government Legislation are older versions than the English text of the Patent Act. The following was checked at the Ministry of Government Legislation on 9 October 2026. [1][4]
| Statute | Enforcement date of the current Korean text | Version of the Ministry of Government Legislation English text (enforcement date) |
|---|---|---|
| Patent Act | 11 November 2025 | 21 August 2024 |
| Enforcement Decree of the Patent Act (특허법 시행령) | 1 October 2025 | 1 November 2022 |
| Enforcement Rules of the Patent Act (특허법 시행규칙) | 14 May 2026 | 28 July 2010 |
| Regulation on the Collection of Patent Fees, etc. (특허료 등의 징수규칙) | 27 February 2026 | Not found in the English text search |
The Patent Examination Guidelines page of the MOIP English website has an English PDF of the Examination Guidelines. The name of the file linked on 9 October 2026 is “Patent Examination Guidelines_February 2026”, and the page is marked “Last updated 18 June 2026”. [6] The table of contents runs from PART I (General Rules) to PART VIII. [6]
FAQ
Is there an official English text of the Korean Patent Act?
The Ministry of Government Legislation and the Korea Legislation Research Institute post English translations. The page of the Korea Legislation Research Institute, however, states that the translation is for reference, is not official, and has no legal effect. [5] The two menus on the MOIP English website state that the Korean version applies if the interpretation differs. [6]
Is the English text now posted the same as the current Patent Act?
No. The newest English text found at the Ministry of Government Legislation and the Korea Legislation Research Institute on 9 October 2026 is the version of Act No. 20322 (in force from 21 August 2024). [4][5] The current Act is Act No. 21134 (in force from 11 November 2025). [1] Article 2, Article 89, Article 127 and others were amended in between. [1][2]
Are the Article numbers of the English text the same as the Korean article numbers?
Yes. An article with a branch number is written with a hyphen. 제132조의17 in Korean is Article 132-17 in English. [1][4]
Can the Enforcement Rules of the Patent Act also be read in English?
The Ministry of Government Legislation has an English text, but it is the version in force from 28 July 2010. The current Korean text is the version in force from 14 May 2026. [1][4]
How DEFINE IP Law Firm handles this
When DEFINE IP Law Firm cites an article to an overseas applicant, we give the article number and the enforcement date of the current Korean text together. If the English text does not contain a later amendment to that article, we tell the applicant separately what has changed. For questions about the articles of the Korean Patent Act, please write to contact@defineip.kr.
Sources
- Ministry of Intellectual Property (지식재산처), Patent Act (특허법), Act No. 21134, in force from 11 November 2025. Table of articles and chapter titles, Art. 2, Art. 14, Art. 29, Art. 42, Art. 89, Art. 90, Art. 126-2, Art. 127, Art. 217, Art. 229-3, Art. 230, and statute search results (current enforcement dates of the Enforcement Decree, the Enforcement Rules and the Regulation on the Collection of Patent Fees, etc.). https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Patent Act (특허법), Act No. 20322, the version in force from 21 August 2024, and the Addenda to Act No. 20700, No. 20975, No. 21065 and No. 21134. Article-by-article comparison with the current text. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
- Ministry of Intellectual Property (지식재산처), Patent Act (특허법), Act No. 21955, promulgated on 15 September 2026, enters into force on 16 March 2027. Art. 81-3, Art. 87(2), Addenda. https://www.law.go.kr/법령/특허법 (verified 9 October 2026)
- Ministry of Government Legislation (법제처), English screen of the Korean Law Information Center (국가법령정보센터), PATENT ACT (version of Act No. 20322), Articles 2, 14, 29, 42, 89, 90, 127 and article titles, and English statute search results. https://www.law.go.kr/LSW/eng/engMain.do (verified 9 October 2026)
- Korea Legislation Research Institute (한국법제연구원), view page and History Records of the English statute PATENT ACT, and the text pages of the versions of Act No. 21134, No. 21065, No. 20975, No. 20700, No. 20322, No. 18505 and No. 14691. https://elaw.klri.re.kr/eng_service/lawView.do?hseq=68595&lang=ENG (verified 9 October 2026)
- English website of the Ministry of Intellectual Property (지식재산처), Industrial Property Laws (https://www.moip.go.kr/en/HtmlApp?c=60201&catmenu=ek07_02_01), Laws & Regulations (https://www.moip.go.kr/en/HtmlApp?c=92005&catmenu=ek03_05_01), Patent Examination Guidelines (https://www.moip.go.kr/en/HtmlApp?c=92006&catmenu=ek03_06_01). (verified 9 October 2026)
- WIPO, WIPO Lex, Patent Act, Republic of Korea (amended up to Act No. 21134 of November 11, 2025). https://www.wipo.int/wipolex/en/legislation/details/23642 (verified 9 October 2026)